A white California man has been charged with shooting a black Airbnb guest after his lawyers claim he mistook the man for a thief who broke into his car days earlier.
Mark Henry Waters, 66, pleaded not guilty Monday to the murder of an unnamed 21-year-old black man at around 11 p.m. on October 2 in North San Jose, ABC7 reported.
Waters was initially released on bail, but was sent back to jail by the judge, who ruled he was too dangerous to be in public.
Citing Assistant District Attorney Aidan Walsh, ABC7 said Waters is charged with assault with a semi-automatic weapon, causing grievous bodily harm and using a firearm.
Police are also investigating the incident as a hate crime.
In court on Monday, prosecutors argued that the victim, who was not present, left his Airbnb rental to walk to a grocery store.
Surveillance footage reportedly shows Waters approaching the victim with a gun.
He then allegedly shot the man with his back turned, resulting in a fractured femur.
“[Waters] understood and knew the victim was running away, and he shot him anyway,” Welsh said. “There was nothing that would make him fear the victim, the victim hadn’t set foot in his front door, in his driveway, in his front yard.”
In a statement to the Post on Wednesday afternoon, Welsh said the victim spent more than a month at a treatment center recovering from his injury.
“Armed violence is an epidemic and a scourge on our society,” he continued. “Our Office is committed to doing everything in its power to prevent it and to bring justice to those who use guns for criminal purposes.”
Waters’ attorney, Jose Badillo, however, argued that although the 60-year-old knew the victim was fleeing, he believed the stranger may have been one of the suspects who broke into his car and stole his openers. -garage doors a few nights before.
Badillo also said Waters – who has no criminal record and is caring for her grandchildren – mistook the victim’s headphones for a gun.
The judge appeared to dismiss Badillo’s allegations and clarified that there was no evidence that the victim was connected to the previous crime. It didn’t even match the description given by Waters when the break-in first happened.
Waters was later returned to custody despite additional character testimonies from friends, family, and neighbors.
Waters is due back in court on December 22.
In a statement to The Post, Airbnb condemned the shooting as “vicious and unprovoked.”
“We thank the San Jose Police Department as well as the Santa Clara County District Attorney’s Office for their work in holding the perpetrator accountable and sending a message that hate crimes have no place in our company,” the statement said.
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